A human rights challenge: Recent international decisions on access to voluntary termination of pregnancy

Abstract

This article analyzes how the international human rights system has recently addressed the right to access to voluntary termination of pregnancy. It compares the recent decisions of the Inter-American Court of Human Rights (Beatriz case against El Salvador, 2024) and the United Nations Human Rights Committee in the (Susana, Lucía and Norma cases, 2025). While both bodies acknowledge human rights violations, the Court avoids declaring the absolute criminalization of abortion incompatible with the American Convention. In contrast, the United Nations (UN) Committee states that forcing motherhood in cases of sexual violence constitutes torture and gender-based discrimination. It urges states to review their legal frameworks and ensure access to the right to access voluntary termination of pregnancy services for all women. The article emphasizes that, although both systems reflect progress, the Committee’s approach is more effective in advancing abortion as a justiciable human right. In this context, it highlights the importance of strategic litigation and international feminist advocacy to challenge criminalization and uphold sexual and reproductive rights for women, girls, and people with the capacity to gestate.